A BC Court of Appeal decision issued earlier this month (July 5th) has confirmed that the province’s Riparian Areas Regulation (RAR) by itself provides little legal protection for fish habitat. The RAR is the province’s primary legal tool to protect fish habitat from development located immediately next to streams and lakes, and this decision should be very troubling to anyone concerned about the environment and the protection of fish. However, the Court of Appeal’s decision illustrates real and serious problems with the RAR that West Coast Environmental Law first identified when it was enacted in 2005.
A BC Court of Appeal decision issued earlier this month (July 5th) has confirmed that the province’s Riparian Areas Regulation (RAR) by itself provides little legal protection for fish habitat. The RAR is the province’s primary legal tool to protect fish habitat from development located immediately next to streams and lakes, and this decision should be very troubling to anyone concerned about the environment and the protection of fish. However, the Court of App